Cree8 Pty Ltd

[2025] FWCA 2140

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cree8 Pty Ltd

(AG2025/1906)

CREE8 PTY LTD ENTERPRISE AGREEMENT 2025

Building services
COMMISSIONER HUNT	BRISBANE, 30 JUNE 2025

Application for approval of the Cree8 Pty Ltd Enterprise Agreement 2025

Cree8 Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Cree8 Pty Ltd Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 16 May 2025 and the Agreement was made on 10 June 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2025. The nominal expiry date of the Agreement is 30 June 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Cree8 Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The applicant argued that the agreement met the necessary criteria for approval under the Fair Work Act 2009. The agreement was in dispute because some employee representatives argued that the agreement did not meet the requirements for approval. The Fair Work Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The Commission examined whether the agreement provided for the terms and conditions of employment, whether it was fairly negotiated, and whether it provided for the resolution of disputes. The Commission also examined whether the agreement met the requirements for approval under section 235 of the Fair Work Act 2009. The Commission found that the agreement met the necessary criteria for approval and was satisfied that the agreement was fairly negotiated and provided for the resolution of disputes.

The Fair Work Commission approved the Cree8 Pty Ltd Enterprise Agreement 2025. The Commission was satisfied that the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission found that the agreement provided for the terms and conditions of employment and provided for the resolution of disputes. The Commission also found that the agreement was fairly negotiated and met the requirements for approval under section 235 of the Fair Work Act 2009. The applicant's application for approval of the enterprise agreement was successful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established